- The Washington Times - Wednesday, December 21, 2005

HARRISBURG, Pa. (AP) — The distinctive chocolate bar on the dust jacket of a new book about the founder of the Hershey Co. violates its trademark, the candy maker said in a federal lawsuit.

The company wants an injunction to prevent publisher Simon & Schuster Inc. from using Hershey-owned images to market “Hershey: Milton S. Hershey’s Extraordinary Life of Wealth, Empire, and Utopian Dreams,” which will be released next month.

Hershey spokeswoman Stephanie Moritz said the company is concerned that consumers may think it “authorized, sponsored or approved” the book.

The lawsuit says the publisher “designed and adopted a dust jacket for the book which extensively uses Hershey’s well-known marks and trade dress beyond any manner permissible under law.”

The jacket also depicts a Hershey’s Kiss, a subtitle in a font similar to the paper wrapper inside a Kiss, and two older Hershey advertising images.

Simon & Schuster filed a document opposing Hershey’s request for an injunction and restraining order, saying the Hershey symbols on the cover are “artistically relevant” to the book’s subject and not expressly misleading.



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